Frequently Asked Questions about Hiring a Florida DUI Attorney

What is the difference between an Orlando DUI & DWI?
What do cops look for when searching for drunk drivers on the roadways?
If I am pulled over by a cop and he asks me if I’ve been drinking, what should I say?
How do I reinstate my license after a suspension for refusal to submit to a breath/urine test?
What is a Formal Review Hearing?
Can I obtain a temporary permit to drive while my license is suspended?
Can I settle my case without a Court Appearance

What do cops look for when searching for drunk drivers on the roadways?
The list is based upon research conducted by the National Highway Traffic Administration:

Turning with a wide radius
Straddling center of lane marker
“Appearing to be drunk”
Almost striking object or vehicle
Weaving
Driving on other than designated highway
Swerving
Speed more than 10 mph below limit
Stopping without cause in traffic lane
Following too closely
Drifting
Tires on center or lane marker
Braking erratically
Driving into opposing or crossing traffic
Signaling inconsistent with driving actions
Slow response to traffic signals
Stopping inappropriately (other than in lane)
Turning abruptly or illegally
Accelerating or decelerating rapidly
Headlights off

Speeding, incidentally, is not a symptom of DUI; because of quicker judgment and reflexes, it may indicate sobriety.

If I am pulled over by a cop and he asks me if I’ve been drinking, what should I say?
The law does not require you to answer potentially incriminating questions. A polite “I would like to speak with an attorney before I answer any questions” is a good reply. On the other hand, saying that you had one or two beers is not incriminating: it is not sufficient to cause intoxication — and it may explain the odor of alcohol on the breath.

How do I reinstate my license after a suspension for refusal to submit to a breath/urine test?
You will be suspended as of the arrest date for one year for the 1st offense and 18 months for any consecutive offenses. You will be given a 10-day permit on the date of arrest and when the permit expires must serve 90 days of the suspension before the driver is eligible to apply for a hardship license on the first suspension. No hardship license is permitted if you have refused to submit a test previously.

What is a Formal Review Hearing?
If you refused to take the test, or if the chemical test results are .08% or greater, your license will be suspended for a period of time by the Department of Highway Safety and Motor Vehicles (DHSMV).

You are entitled to dispute this suspension by means of the Formal Review Hearing. However, this Hearing must be requested in writing no later than 10 days from the date of your arrest. Your attorney will handle the details involved with scheduling, and be able to conduct this hearing without the need for you to attend.

This Hearing can be a valuable tool in the investigation and the defense of your case. First, it allows your Attorney to challenge the suspension of your license and, if successful, obtain the reinstatement of your license. Secondly, it permits your Attorney to interrogate Law Enforcement Witnesses in order to gain detailed knowledge concerning their observations, actions and opinions.

Can I obtain a temporary permit to drive while my license is suspended?
When you are arrested for DUI, you may be permitted to drive for the first 10 days. If your chemical test result was .08 or higher, you will then enter a period of “Hard Suspension” and will not be permitted to drive for any purpose for the next 30 days. If you refused to take a chemical test, your license will instead be subject to a 90 day “Hard Suspension”. These periods of “Hard Suspension” may vary in length and may be followed by a period of general suspension imposed by the DMV and/or the Court. Contact us today for more information (407) 894-4449.

Can I settle my case without a Court Appearance?
Each case is specific so please give us a call to discuss the specifics of your case (407) 894-4449.

Florida DUI Attorney FAQ’s